Sirmans v. Citizens & Southern National Bank

Stolz, Judge.

The plaintiff bank filed its affidavit of foreclosure on personalty, based upon five conditional sales contracts, to which defendant Sirmans filed an affidavit of illegality upon the ground, inter alia, that the principal and interest were not separated. The bank amended its affidavit, alleging that the sums sought included accrued interest, but again did not separate the amounts of principal and interest. The trial judge entered a lump sum judgment in favor of the plaintiff, which included both principal and interest, plus a 10% penalty for filing the affidavit of illegality…